What is Criminal Prosecution?
If you are accused of having committed a crime, you will go through what is called “criminal prosecution”. Criminal prosecution is the process through which a defendant is put on trial for allegedly breaking a criminal law. If the accused is found guilty, consequences may range from imprisonment, fine, good behaviour bond, etc. There are other criminal penalties that may be imposed depending on the circumstances surrounding the alleged crime.
What Process is Involved in Criminal Prosecution?
There is no exact process of criminal prosecution primarily due to jurisdictional differences. Many of the state laws in Victoria are different from those in Queensland, or from those in New South Wales. Legal processes also vary depending on the alleged offence. Some more minor cases may be heard and sentenced in the Magistrates’ Courts while serious crimes will most likely be handled by the Higher Courts. And certainly the process of criminal prosecution for an ASIC offence would be different from that for a drink driving charge.
You may visit the Interactive Court Tour section of this website for more details on these criminal prosecution processes.
TRIVIA: Criminal prosecution is done by a public prosecutor; but private prosecutions by private organisations still occur, although rarely. In Australia, a private criminal prosecution can be initiated but generally are taken over by the State Prosecutors and then abandoned.
How Should I Prepare for Criminal Prosecution?
Find an excellent criminal lawyer. You must get in touch with one quickly before you give any statements to the Police. Any statement you provide without guidance from a lawyer can jeopardise your case. Take note that the duty of the Police is to ensure that you get prosecuted and penalised for an alleged offending. Your criminal lawyer, however, has the duty to defend you against wrongful allegations. She or he has to make sure that you will get the best possible results in Court regardless of whether you are pleading guilty or not to the charge.
Getting the best criminal defence starts early in the criminal prosecution process. It starts with you contacting a great lawyer. After you speak with one, you will easily know how to deal with the rest as you would already be under the guidance of a criminal law expert. Be open and discuss the case with your lawyer. Ask questions if there is something that you do not understand or if you think you need to know some more information. Be cooperative. Never lie to your lawyer as this can be very detrimental to the result of your case.
How Do I Know an Excellent Criminal Lawyer?
Here’s a checklist that you can use to decide whether a lawyer can competently defend you throughout the criminal prosecution process:
- Is your criminal lawyer an accredited criminal law specialist?
- Do they have an extensive experience in defending criminal prosecutions? How many years? Or decades?
- What specialities does he or she have? Is he an expert in the charge being filed against you?
- Have they defended actual cases on the same charge you currently face? Check related case studies.
- Check reputation. Watch out for affiliations.
- What do others have to say about this criminal lawyer? View testimonials.
- Can you easily establish contact? Try out their displayed phone number/s, site forms, etc. Is there a response?
- Check out personality or character. Of course, you must speak with your criminal lawyer to make an assessment. Whether you’ll feel comfortable in dealing with them depends on you. But you may also check out their blog or social media accounts to get a glimpse of their personality.
Check out whether Doogue + George meets the above requirements.
- We have criminal law specialists accredited by the Law Institute of Victoria.
- Our firm has a combined experience of over 100 years.
- We provide criminal defence on any criminal prosecution involving criminal law, traffic law, and corporate crime.
- Check out many of the cases we have defended. Simply click the “Case Studies” menu button on top of this page and choose the type of offence.
- We are among the founding members of Australian Defence Lawyers’ Alliance, an alliance of top criminal law firms across the country.
- Read some of the feedback from our clients on our Testimonials page.
- Contact us through phone, email, fax, or via the various forms on our site.
- You may visit our blog and social media accounts by clicking the icons below.